JUDGMENT/ORDER

1. Convicted accused in Special C.C.No.186/2009 by judgment dtd. 11/7/2022 on the file of Special Judge, Belagavi has preferred this appeal.

2. Brief facts of the case are as under: Upon the complaint lodged by one Sharifsab Pakrusab Nadaf, Lokayukta police registered a case in Crime No.16/2008 for the offences punishable under Ss. 7 and 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988. Gist of the complaint averment reveals that, accused was working as a Junior Training Officer in the Government ITI College, Saundatti. Sister's son of the complainant by name Maktumsab was studying in second year ITI in Government ITI College, Saundatti and final examination was scheduled to commence in 21/7/2008. Sri Maktumsab had paid necessary fee to be paid to the Government for attending the examination and accused received Rs.5, 500.00 from each of the student in the said class in order to see that the student would pass through the examination effortlessly. Accordingly, accused also demanded Rs.5, 000.00 from Maktumsab, which was not interested to be paid by the complainant however he paid only Rs.1, 000.00 and sought time for remitting the balance amount and thereafter the accused insisted for balance amount.

3. On 13/7/2008, the complainant along with Maktumsab approached the accused and sought for time and also requested him that Maktumsab is a poor person and therefore, sufficient time needs to be given. However, the request made by the complainant and the Maktumsab was turned down by the accused and he conversation between the accused and the complainant was recorded in a mobile phone and since they are not interested to part away the illegal gratification, they approached the Lokayukta Police on 16/7/2008 and lodged the complainant.

4. The head of the raid party being convinced about the veracity of the complaint averments, made arrangements for the intended trap. He secured two panch witnesses and explained them about the complaint averments and also took Rs.4, 500.00 to be paid from the hands of the complainant comprising of nine notes of Rs.500.00 denomination and entered serial numbers of the said notes and smeared phenolphthalein powder and demonstrated the chemical reaction of the phenolphthalein powder with the sodium carbonate solution to the panchas and drafted entrustment/ experimental mahazar in the presence of panch witnesses and took their signature.

5. Thereafter, the complainant was instructed that he along with shadow witnesses should go to the working place of the accused, on demand should hand over the tainted currency notes to the hands of the accused and thereafter gave a predesignated signal to the rest of the raid party by using his hand kerchief.

6. Thereafter raid team has been proceeded to place of the accused where the accused was working, complainant handed over the money to the accused on demand in the presence of the shadow witness and gave a pre-designated signal. Immediately the rest of the raid party came to the scene of offence; enquired the accused about the illegal gratification and handling of tainted currency; seized nine currency notes of Rs.500.00 denomination; the serial numbers of the currency notes were tallied and colour test were conducted, which stood in positive; explanation of the accused was obtained; accused was arrested and trap mahazar was drafted.

7. Thereafter, the accused